Two Supreme Court grants of certiorari should be of interest to MJ practitioners. Here are links to SCOTUSBLog for the case materials. Missouri v. Frye Issue: Can a defendant who validly pleads guilty assert a claim of ineffective assistance of counsel by alleging that, but for counsel’s error in failing…
Thanks to Sentencing Law & Policy here is a paper that raises some thoughts on IAC for pretrial advice to clients. As we know we won’t get anything solid on that from CAAF a la immigration because Denedo’s case is over. But, . . . . Post Padilla: Padilla’s Puzzles…
SCOTUSBlog has the 3 June 2010 petitions to watch at SCOTUS. Here is an interesting one. Title: Jones v. Williams Docket: 09-948 Issue: Whether the Tenth Circuit violated 28 U.S.C. § 2254(d)(1) by granting habeas relief for ineffective assistance of counsel during plea bargain negotiations to a defendant who was…